Benton-Franklin County Superior Court judges filed lawsuit against County Clerk

All seven judges from the Benton-Franklin County Superior Court filed a lawsuit Wednesday against Franklin County Court Clerk Michael J. Killian.

The suit is in response to a January 2018 order from the court requiring Benton and Franklin County Clerks to maintain paper files of all cases in their offices. According to the court documents filed in Franklin County Wednesday afternoon, Killian wanted to operate a "paperless office," and would no longer maintain paper files of Franklin County Superior Court cases and files.

The Superior Court adopted a local rule on January 16, 2018 directing the clerks of Benton and Franklin Counties to maintain paper files for all cases unless authorized in writing by the court. However, according to the suit, continued to operate a paperless office in defiance of the order.

"It's unfortunate," said Superior Court Judge Alex Ekstrom by phone Wednesday after the suit had been filed, "but we believe its inevitable at this point."

Ekstrom said the judges believe they have the authority to order the clerks to maintain paper files, and he hopes the courts will resolve the issue swiftly.

Franklin County Court Clerk Michael Killian, who's office received the lawsuit and filed it with the courts on behalf of the judges, was waiting to be formally served with the papers as of Wednesday afternoon.

"It's surprising that it's come to this," Killian said by phone after reviewing the suit. He said his office hasn't had to pull papers for the court since October of 2015.

"We've been on the Odyssey system, which is used state-wide, and gives the judges access to all the files for their cases from wherever they are. The three largest counties in the state are paperless, federal courts are paperless."

Killian says purchasing file folders to organize and store paper files costs the county about $8,000 a year. He estimates that the paperless system saves taxpayers about $20,000 per year.

Click HERE to see the full text of the motion.